The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-04-23
THE RECORD OF THE COURTS.
Supreme Court.

Supreme Court
Hon. byron x. Elliott. Chief-justice.
The following opinions were rendered April Y:
MANsLAUGHTER VOLUNTARY AND INvoLUN-
TARY.
1878 Willis Brown VS.. State. Pike c. c.
Affirmed. Mitchell, 1.-The first count OF the
Indictment charged voluntary mansaughter IN
express terms. The second tina: tie defendant
did 'unlawfully, feIoniously and wilifully touch.
beat, bruise and strike down upon brick pave
ment, In a violent manner and with great force.
Calvin Howard. from which striking down, etc,
the said Howard died. Verdict of involuntary
manslaughter. Where. from the facts charged
in the indictment, the inference arises that death
resulted involuntarily while the accused was
engaged in the commission of unlawful act.
it is not necessary to state in terms that the
killing was involuntary or unntentional IN order
to constitute q charge of involuntary man
slaughter.
Observation-Disclosures
1924. Bridget Gray National Benefit As
ISOLATION Marion S. G. Reversed. Howk. y.
In suit certificate of membership In
benefit association, it answered that it was pro-
hibited from issuing certificate of membership
to any person, under its rules and bylaws,
under the age of eighteen years, and that with
knowledge of such prohibition and Of the fact
that he was under eighteen years of age, the de-
cedent frauduently msrepresented his age and
procured certificate of membership. Reply
that decedent had fully explained to defendants
agent before signing the contract that he was
seventeen years and ten months old, and that
the agent said that would make no difference,
and that 1t would be proper for the decedent TO
sign the application stating that he was eighteen
years DID, that decedent had paid the fees. which
defendant retained. Held that the reply was
sufficient. Held also, that the answer was de-
fective in failing to give or set out the rules and
bylaws upon which the defense was predicated
Held, also, the answer averrng that defendant
never knew that decedent was under eighteen
years until furnished with proofs Of his death,
yet, as the record shows such proofs were filed
more than eighteen months before this suit was
determined in the court below, and as it does not
appear that defendant ever offered to rescind or
refund the money, that the contract has been SO
ratified as to estop defendant in its answer.
COUNTY BRIDGEs-PERsoNAL INJURIES.
1856 Board. etc., vs. Arthur w. Legg, ad,
ministrator. Clinton c. c. Affirmed. collars
J.-Action by an administrator against Howard
county for the death of one Davis by the falling
of a bridge. The evidence tends to show that
the decedent was sober. industrious and COM
petent laborer, about thirty-six years old, and
left widow and six children. the oldest not
over ten years. Five thousand dollars was not
excessive verdict. ~ The county is liable
where injuries occurred on a small bridge over
inc wet lands. 81 The court reviews the in
structions at length, and holds error.
COUNTY CLERK-FEES.
1852. James NJ. Taylor. vs. Board, etc
Washington c. C. Affirmed. Elliott C. j.
There is no statute authorizing the clerk
to demand from the county compensa-
ton for making the opening and closing orders
upon the court records, and there is no statute
authorizing such service to be paid out of the
county treasury.
1875. Francis B. Peabody vs. Albert S.
aside.